18 Mar 2019

I filed an application to change status from H-4 to F-1. Can I file a change of status to H1B while the other application is still pending?

Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action...

11 Mar 2019

USCIS Revises Policy on Travel While AP is Pending

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as...

11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

07 Mar 2019

Proposed Bill Would Remove Per-Country Limits – Still Far from Becoming Law

A proposed bill, introduced in both the U.S. House of Representatives and the U.S. Senate, would eliminate the per-country limits on employment-based (EB) immigrant visa categories, and lift the limit for family-based (FB) categories. If passed into law, it would transform the backlogs in the...

04 Mar 2019

I am a U.S. citizen and filed an I-130 petition for my mother, which was just approved. Can my mother come to the U.S. now on her B-1/B-2 visa, and then file her I-485?

Answer Generally speaking, no, this is not permitted. Entering the U.S in B-1/B-2 status with the preconceived intention to file for adjustment of status is considered to be fraudulent by the government. You may want to consult with an attorney to determine how best to proceed....